325 BNS

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Introduction of 325 BNS

325 BNS deals with Mischief by Killing or Maiming Animals. It criminalizes acts that intentionally or knowingly harm animals, including killing, poisoning, maiming, or rendering them useless. The section ensures the protection of animals and penalizes those who inflict cruelty or harm upon them. This provision highlights the importance of ethical treatment of animals.

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The Bharatiya Nyaya Sanhita (BNS) Section 325 replaces the old Indian Penal Code (IPC) Section 428 and 429.

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What is BNS Section 325 ?

BNS Section 325 addresses the offense of committing mischief by killing, poisoning, maiming, or rendering an animal useless. It provides punishment for anyone found guilty of harming animals in such ways.

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325 BNS act in Simple Points

BNS Section 325: Mischief by Killing or Maiming Animal

1. Offense Definition: BNS Section 325 addresses the criminal act of mischief involving animals. This section applies when someone kills, poisons, maims, or renders an animal useless intentionally. The law aims to protect animals from malicious harm and ensures that individuals who cause such damage to animals face punishment. The term “mischief” in this context highlights the intent to harm or destroy an animal’s well-being, either directly or indirectly.

2. Punishment for the Offense: The punishment for violating BNS Section 325 can include imprisonment for up to five years. Alternatively, the offender may be fined or both imprisoned and fined. The severity of the punishment depends on the nature of the crime and its impact on the animal involved. The law provides for both corrective and deterrent measures to curb animal cruelty.

3. Cognizability of the Offense: BNS Section 325 is classified as a cognizable offense, meaning the police can arrest the accused without a warrant if there is sufficient evidence. This classification ensures that the crime is taken seriously and allows authorities to act swiftly to prevent further harm to animals. It is important to note that the seriousness of the offense can lead to prompt legal actions by law enforcement.

4. Bailability of the Offense: The offense is bailable, meaning that the accused has the right to apply for bail after being charged. However, the court may impose certain conditions before granting bail, such as a security deposit or a guarantee to appear for future hearings. The bailability ensures that while the offense is serious, the accused is presumed innocent until proven guilty.

5. Trial Process: BNS Section 325 is triable by a Magistrate of the First Class. This means that a magistrate, who holds a certain level of judicial authority, can handle cases related to this offense. The trial process involves reviewing evidence, testimonies, and determining the severity of the crime. The aim is to deliver justice while considering the welfare of the animal involved in the case.

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Section 325 BNS Overview

BNS Section 325 deals with the crime of committing mischief by killing, poisoning, maiming, or rendering an animal useless. It specifically addresses intentional actions that cause harm or death to animals. The law provides for imprisonment, a fine, or both as punishment for those who engage in such acts of cruelty.

BNS Section 325: Mischief by Killing or Maiming Animal

Key Points:

1. Definition of Mischief under BNS 325
   BNS Section 325 defines mischief as the act of killing, poisoning, maiming, or rendering an animal useless with the intent to cause harm or damage. This includes intentional and deliberate harm inflicted on any animal, whether domestic or wild.
2. Types of Offenses Covered
   The section covers a wide range of harmful actions against animals, such as killing them, poisoning them, physically maiming them, or rendering them ineffective for their intended purpose, such as work animals or pets.
3. Intent and Knowledge Requirement
   The offense requires that the person acts with the intent to harm or knows that their actions are likely to cause harm to the animal. Mere accidental harm or negligence is not covered under this section.
4. Punishment for Mischief
   The punishment for this offense may include imprisonment of up to five years, a fine, or both, depending on the severity of the harm caused to the animal. The punishment is aimed at deterring cruel behavior toward animals.
5. Classification of the Offense
   This offense is cognizable, meaning that the police can arrest the accused without a warrant. It is also non-compoundable, so the case cannot be settled through mutual agreement or outside the courts.
6. Bail Status
   Offenders under BNS Section 325 can apply for bail as the offense is bailable. However, the conditions for bail are subject to the court’s discretion and the circumstances of the case.
7. Impact on Public and Animal Welfare
   The section seeks to protect not only the individual animal but also the general welfare of the public by ensuring that animals are treated ethically and with respect, preventing cruelty or needless harm.
8. Applicability to All Animals
   The section applies to all animals, regardless of whether they are domesticated, wild, or livestock. The law recognizes the importance of protecting all forms of animal life from cruelty or harm.
9. Jurisdiction and Trial
   The cases under BNS Section 325 are triable by a Magistrate of the First Class, who will determine the severity of the punishment based on the evidence presented and the damage inflicted on the animal.
10. Legal Recourse and Enforcement
    Since the offense is cognizable, the authorities are empowered to take swift action against the accused. The legal system ensures that justice is served, protecting animals from cruelty and upholding ethical treatment of animals in society.

Examples of BNS Section 325:

1. Example 1: A man intentionally poisons a dog to cause harm to the pet, knowing that it will result in the dog’s death. Under BNS Section 325, he has committed mischief by killing or maiming an animal, and he can be punished with imprisonment for up to five years, a fine, or both.
2. Example 2: A person deliberately injures a horse by breaking its leg to prevent it from being used for work. This act of maiming the animal falls under BNS Section 325, and the offender can face imprisonment, a fine, or both.

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325 BNS Punishment

• Imprisonment: Up to 5 years.
• Fine: No fixed amount, as decided by the court.
• Both: Imprisonment and fine can be imposed simultaneously.

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325 BNS bailable or not ?

• Bailable: The accused can seek bail.
• Cognizable: The police can arrest without a warrant.
• Non-Compoundable: The case cannot be settled out of court.

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Bharatiya Nyaya Sanhita Section 325

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
BNS Section 325	Killing, poisoning, maiming, or rendering useless an animal	Imprisonment up to 5 years, or fine, or both	Bailable	Cognizable	Magistrate of the First Class

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BNS Section 325 FAQs

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